Common use of Purchaser’s Inspection of Property Clause in Contracts

Purchaser’s Inspection of Property. (a) Seller acknowledges and agrees that, prior to Closing, Purchaser may conduct further inspections, testing, investigation and surveying in the Building, subject to and in accordance with the further provisions of this Agreement. If Purchaser shall hereafter inspect, test, investigate or survey any of the Twentieth Floor Unit, the Limited Common Elements appurtenant thereto or the General Common Elements, Purchaser shall restore such portion of the Property to its condition existing immediately prior to Purchaser’s inspection, testing, investigation or survey thereof. Purchaser shall be liable for all damage or injury to any person or property (including other portions of the Property) resulting from, relating to or arising out of any such inspection, testing, investigation or survey, whether occasioned by the acts of Purchaser or any of its employees, agents, shareholders, directors, partners, members, consultants, engineers, inspectors, representatives or contractors (collectively “Purchaser’s Representatives”), and Purchaser shall promptly satisfy any lien that may arise or be filed against Seller or the Property in connection with any such inspection, testing, investigation or survey. Purchaser shall indemnify, defend and hold harmless Seller and its agents, employees, officers, directors, affiliates, advisors and asset managers from any liability resulting from any such inspection, testing, investigation or survey and any lien filed against Seller or the Property in connection therewith. This indemnification by Purchaser shall survive the Closing or the termination of this Agreement.

Purchaser’s Inspection of Property. (a) Seller acknowledges and agrees that, prior to Closing, Purchaser may conduct further inspections, testing, investigation and surveying in the Building, subject to and in accordance with the further provisions of this Agreement. If Purchaser shall hereafter inspect, test, investigate or survey any of the Twentieth Twenty First Floor Unit, the Limited Common Elements appurtenant thereto or the General Common Elements, Purchaser shall restore such portion of the Property to its condition existing immediately prior to Purchaser’s inspection, testing, investigation or survey thereof. Purchaser shall be liable for all damage or injury to any person or property (including other portions of the Property) resulting from, relating to or arising out of any such inspection, testing, investigation or survey, whether occasioned by the acts of Purchaser or any of its employees, agents, shareholders, directors, partners, members, consultants, engineers, inspectors, representatives or contractors (collectively “Purchaser’s Representatives”), and Purchaser shall promptly satisfy any lien that may arise or be filed against Seller or the Property in connection with any such inspection, testing, investigation or survey. Purchaser shall indemnify, defend and hold harmless Seller and its agents, employees, officers, directors, affiliates, advisors and asset managers from any liability resulting from any such inspection, testing, investigation or survey and any lien filed against Seller or the Property in connection therewith. This indemnification by Purchaser shall survive the Closing or the termination of this Agreement.

Purchaser’s Inspection of Property. (a) Seller acknowledges and agrees that, prior to Closing, Purchaser may conduct further inspections, testing, investigation and surveying in the Building, subject to and in accordance with the further provisions of this Agreement. If Purchaser shall hereafter inspect, test, investigate or survey any of the Twentieth Third Floor Unit, the Limited Common Elements appurtenant thereto or the General Common Elements, Purchaser shall restore such portion of the Property to its condition existing immediately prior to Purchaser’s inspection, testing, investigation or survey thereof. Purchaser shall be liable for all damage or injury to any person or property (including other portions of the Property) resulting from, relating to or arising out of any such inspection, testing, investigation or survey, whether occasioned by the acts of Purchaser or any of its employees, agents, shareholders, directors, partners, members, consultants, engineers, inspectors, representatives or contractors (collectively “Purchaser’s Representatives”), and Purchaser shall promptly satisfy any lien that may arise or be filed against Seller or the Property in connection with any such inspection, testing, investigation or survey. Purchaser shall indemnify, defend and hold harmless Seller and its agents, employees, officers, directors, affiliates, advisors and asset managers from any liability resulting from any such inspection, testing, investigation or survey and any lien filed against Seller or the Property in connection therewith. This indemnification by Purchaser shall survive the Closing or the termination of this Agreement.

Purchaser’s Inspection of Property. (a) Seller acknowledges and agrees that, prior to Closing, Purchaser may conduct further inspections, testing, investigation and surveying in the Building, subject to and in accordance with the further provisions of this Agreement. If Purchaser shall hereafter inspect, test, investigate or survey any of the Twentieth Floor Purchaser’s Unit, the Limited Common Elements appurtenant thereto or the General Common Elements, Purchaser shall restore such portion of the Property to its condition existing immediately prior to Purchaser’s inspection, testing, investigation or and survey thereof. Purchaser shall be liable for all damage or injury to any person or property (including other portions of the Property) resulting from, relating to or arising out of any such inspection, testing, investigation or survey, whether occasioned by the acts of Purchaser or any of its employees, agents, shareholders, directors, partners, members, consultants, engineers, inspectors, representatives or contractors (collectively “Purchaser’s Representatives”), and Purchaser shall promptly satisfy any lien that may arise or be filed against Seller or the Property in connection with any such inspection, testing, investigation or survey. Purchaser shall indemnify, defend and hold harmless Seller and its agents, employees, officers, directors, affiliates, advisors and asset managers from any liability resulting from any such inspection, testing, investigation or survey and any lien filed against Seller or the Property in connection therewith. This indemnification by Purchaser shall survive the Closing or the termination of this Agreement. (b) In conducting any inspection, testing, investigation or surveying of the Purchaser’s Unit, the Limited Common Elements appurtenant thereto or the General Common Elements prior to the Closing, neither Purchaser nor any of Purchaser’s Representatives shall (i) contact or have any discussions with any of Seller’s employees, agents or representatives, or with any licensees at, or contractors providing services to, the Property, unless in each case Purchaser obtains the prior written consent of Seller, it being agreed that all such contacts or discussions shall, pending any such approval, be directed to ▇▇▇▇▇▇ ▇▇▇▇▇▇ at (▇▇▇) ▇▇▇-▇▇▇▇, (ii) interfere with the business of Seller conducted at the Property (except to a de minimis extent) or (iii) damage the Property or any portion thereof. In conducting any inspection, testing, investigation or surveying prior to the Closing, Purchaser and Purchaser’s Representatives shall at all times comply with, and shall be subject to, all other terms, covenants and conditions of this Agreement. Seller may from time to time establish reasonable rules of conduct for Purchaser and Purchaser’s Representatives in furtherance of the foregoing. Purchaser shall schedule and coordinate all such inspections, testing, investigation, or surveying, including, without limitation, any environmental test, with Seller and shall give Seller at least two (2) Business Days prior notice thereof. Seller shall be entitled to have a representative present at all times during each such inspection, testing, investigation or surveying. All inspection fees, appraisal fees, survey fees, engineering fees and other costs and expenses of any kind incurred by Purchaser or Purchaser’s Representatives relating to such inspection, testing, investigation or surveying of the Purchaser’s Unit, the Limited Common Elements appurtenant thereto or the General Common Elements shall be borne solely by Purchaser. Without limiting any other requirements contained herein, prior to conducting any pre-Closing physical inspection, testing, investigation or surveying of the Purchaser’s Unit, the Limited Common Elements appurtenant thereto or the General Common Elements, other than mere visual examination, Purchaser shall obtain, and during the period of inspection, testing, investigation or surveying shall maintain, at Purchaser’s sole cost and expense, commercial general liability insurance, including a contractual liability endorsement, and personal injury liability coverage, naming Seller and Verizon Communications Inc. as additional insureds, from an insurer reasonably acceptable to Seller, which insurance shall be primary and not contributing coverage and must have limits for bodily injury and death or damage to property of not less than $2,000,000 for any one occurrence. Prior to making any such physical inspection, testing, investigation or surveying, Purchaser shall furnish to Seller a certificate of insurance evidencing the foregoing coverage. Purchaser and Purchaser’s Representatives shall not be permitted to conduct borings of the Property or drilling in or on the Property in connection with the preparation of an environmental audit or in connection with any other testing, inspection or investigation of the Property without the prior written consent of Seller, which consent shall not be unreasonably withheld (and, if such consent is given, Purchaser shall be obligated to pay to Seller on demand the cost of repairing and restoring any damage as aforesaid). The provisions of this Section 8.02(b) shall survive any termination of this Agreement. (c) Purchaser acknowledges that it shall have no right to terminate this Agreement, or to claim any adjustment of the Purchase Price, on account of any inspection, testing, investigation or survey conducted by Purchaser after the Effective Date.